high surf broadband
801-244-4493
LEGAL
I am a page full of legal jargon here to help protect High Surf Broadband and its customers. Terms of Use and Privacy Policy clauses define the conditions which you must accept in order to use this website. Once you read this page, you automatically agree to the policies laid out therein. If you do not agree with these policies, you should not use this site.
Privacy Policy
What information do we collect?
We collect information from you when you register on our site or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter the following: name, e-mail address, mailing address and phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
1) To improve customer service. (Your information helps us to more effectively respond to your customer service requests and support needs)
2) To process transactions. (Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested).
3) To send periodic emails. (The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.)
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to process recurring payments on your account.
Do we use cookies?
We do not use cookies.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.highsurfbroadband.com.
Your Consent
By using our site, you consent to our online privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
801-244-4493
Refund Policy
Service Refunds
High Speed Utah does not gives refunds to customers for any real or perceived outages of the service. Customer may cancel at any time, but may not request a refund of their service for outages. We are not responsible for any loss, either real or perceived, due to outages with your internet service.
Prepaid Services
All prepaid services will be refunded to the customer within 10 days of canceling service. Any discounts received for prepayment of services will be forfeited, and the refunded amount will reflect normal rates of service over the term for which the prepayment was made. Any balance due based on prepaid discounts will be set to $0.00.
Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
BY USING THESE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AN ADULT (18 YEARS OR OLDER) AND YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED FROM TIME TO TIME BY HIGH SURF BROADBAND. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT HIGH SURF BROADBAND WILL COMMENCE PROCESSING SUCH ORDER AND WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, HIGH SURF BROADBAND WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES.
THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME. THE LATEST VERSION OF THE TERMS AND CONDITIONS MAY BE FOUND AT www.highsurfbroadband.com/legal FOR PURPOSES OF THE TERMS AND CONDITIONS, YOU WILL BE REFERRED TO AS THE “CUSTOMER.”
Terms and Conditions
1. Definitions: Customer’s request for wireless service and subsequent use hereby provides Confirmation and Acknowledgment of the Terms and Conditions of this agreement for Internet Service with High Surf Broadband, LLC d/b/a High Surf Broadband, a Utah corporation (“HIGH SURF BROADBAND”). Your acceptance of such order, including acceptance of all of the terms and conditions (“Terms and Conditions”) set forth below, and will authorize HIGH SURF BROADBAND to provide you with the Services (as defined below) for period agreed to by you ("Customer") upon placing an order for the Services.
2. Installation and Equipment: You hereby authorize HIGH SURF BROADBAND and /or it’s authorized contractors to install antenna, transceivers, wiring and other equipment (the “Equipment”) at your home or office (the “Premises”) necessary to provide the Services, and that all installations have been approved by property owner or other governing authority. HIGH SURF BROADBAND will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets. You agree to allow HIGH SURF BROADBAND or its contractors access to the Premises to perform installation, repair, maintenance or removal of the Equipment.
3. Service: You agree to purchase Internet access services (“Services”) from HIGH SURF BROADBAND. You shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. You shall be responsible for insuring that such equipment is compatible with the Services. Services provided by HIGH SURF BROADBAND are for the sole use of you, the Customer, and not for resale of any kind without prior written consent of HIGH SURF BROADBAND, which may be given at its sole discretion. In the event you attempt to resell the Services, HIGH SURF BROADBAND may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.
4. Term of Agreement: This agreement has no initial term and is understood to continue on a month-to-month basis. At any time, either party may terminate this Agreement, effective at the end of any monthly term, upon written notice. The term begins after HIGH SURF BROADBAND has received and accepted your signed contract, and has installed Customer Premises Equipment (the “Equipment”). If HIGH SURF BROADBAND cannot successfully deliver the Service, this contract is implicitly terminated without penalty or cost. HIGH SURF BROADBAND retains the right to recover all Equipment provided but is under no obligation to do so. You agree to cooperate with such recovery during normal business hours.
5. Rates and Payment Terms: The rates for Internet service (“Rates”) are set forth in the attached Service Rate Schedule and are billed monthly in advance and are due within ten days of receipt of electronic or postal billing. The Rates may be changed by HIGH SURF BROADBAND at any time by giving you written or e-mailed notice of the new Rates at least thirty (30) days before their effective date. In addition to the Rates, HIGH SURF BROADBAND will bill you for all federal, state, county, and local taxes, surcharges, fees, and universal service contributions that may apply. Charges for the Services will begin when the Services are installed. Payments for Services will be made automatically through monthly checking draft or billed to your credit card, unless you have been approved for paper billing. Paper Billing requires an administration fee of $2.00 per month to be added to your account. You may pre-pay by check or money order if you prefer not to pay via credit card or be billed monthly, but a credit card number is required in all cases to secure your account with HIGH SURF BROADBAND. You must keep HIGH SURF BROADBAND informed of any changes in your credit card information, or you will be in default under this agreement.
6. Default and Remedies: You will be considered in Default of the Agreement if:
Payment for any Service has not been made within ten (10) days after HIGH SURF BROADBAND has sent you a notice via e-mail that such payment is overdue or;
For any other breach of this Agreement that is not remedied within ten (10) days after notice of such breach, or for any breach of the current HIGH SURF BROADBAND “Acceptable Use Policy” (AUP) for Internet Access Service.
7. Termination of Service:
7.1 Termination Charges: For month-to month agreements there are no termination charges so long as the Equipment is returned in good working order.
7.2 Unrecoverable Equipment upon termination of Service: The charge for the Equipment will be $100.00, this will be charged to the Customer after termination of Service if the Equipment is not able to be retrieved by HIGH SURF BROADBAND and /or it’s authorized contractors due to Customer not allowing HIGH SURF BROADBAND and /or it’s authorized contractors on the Customer's premises during normal business hours.
8. Limited Warranty: Wireless Service: HIGH SURF BROADBAND warrants that, subject to the limitations set forth below, the Wireless service will operate in substantial accordance with the terms of this Agreement. The limitations include:
8.1 Quality of Service: You understand and acknowledge that the actual transmission speeds may vary from the transmission speeds that you might otherwise expect, due to such factors as the line-of-sight (LOS), distance to transceiver, and other operation characteristics of the facilities and equipment used in the Service. It is possible that there may be other operational impediments that may preclude or delay the actual installation, repair and maintenance of Wireless Services to your Premises. HIGH SURF BROADBAND reserves the right to terminate this Agreement without liability to you if HIGH SURF BROADBAND is not able to provide, repair or maintain Wireless Services to your Premises. HIGH SURF BROADBAND will use commercially reasonable efforts to provide installation, repair, and maintenance of services. If you experience a substantial reduction in transmission speed or significant interruption of service, please notify HIGH SURF BROADBAND and we will undertake commercially reasonable efforts to restore the Wireless service. HIGH SURF BROADBAND will not be responsible for service issues relating to your computer, network or software.
8.2 Limitations: The limited warranty shall not apply if:
HIGH SURF BROADBAND Equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes;
The Wireless Service or related Equipment has been installed, repaired or altered by anyone other than HIGH SURF BROADBAND technical support or its subcontractors or affiliates, without prior written approval; or;
The Wireless Service or related Equipment is used in violation of applicable law or in violation of instruction furnished by HIGH SURF BROADBAND, if any.
8.3 Warranties: The foregoing limited warranties shall be in lieu of and shall exclude all other express or implied warranties, including without limitation, warranties of merchantability, and fitness for a particular use or purpose.
9. Use of Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to HIGH SURF BROADBAND’s “Acceptable Use Policy” (“AUP”) as set forth on HIGH SURF BROADBAND's web site at www.highsurfbroadband.com/legal. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret, or materials or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. You are responsible for all security for your personal network, computers, files, programs, transmissions, etc. HIGH SURF BROADBAND, it’s affiliates and contractors will not be liable for any security breaches on your system nor for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature.
10. Indemnity: You agree to indemnify, defend and hold HIGH SURF BROADBAND, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or Services by you or any user of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
11. Limitation of Liability:
11.1 ANY LIABILITY OF HIGH SURF BROADBAND ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND NEITHER PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS) IRRESPECTIVE OF WHETHER THE PARTY HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
11.2 NOTWITHSTANDING THE FOREGOING, HIGH SURF BROADBAND'S TOTAL LIABILITY TO ANYONE UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT THAT YOU WOULD HAVE PAID HIGH SURF BROADBAND UNDER THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR TWO HUNDRED DOLLARS ($200.00) WHICHEVER IS LESS.
11.3 YOU ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.
12. Force Majeure: HIGH SURF BROADBAND will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond HIGH SURF BROADBAND’s immediate and reasonable control.
13. Entire Agreement; Amendments in Writing; Severability: This Agreement, which includes all Attachments and Schedules referenced herein, if any, constitutes the entire Agreement between parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. Any changes to this Agreement, or any amendment or supplement to the Agreement must be in writing and signed by HIGH SURF BROADBAND to be enforceable. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the original intent of the parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. The limitations on liability and indemnification inure to the benefit of and apply to any successor to HIGH SURF BROADBAND’s business by way of merger, purchase of assets, operation of law and to any HIGH SURF BROADBAND subcontractor.
14. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Lehi, Utah by a single arbitrator who has special knowledge of the industry or technology involved in the dispute.
15. Faxed or Digital Copies: You may sign this Agreement and fax it to HIGH SURF BROADBAND, or sign it and submit it Digitally, and it will have the same effect as if you had returned the original signed document to HIGH SURF BROADBAND.
Acceptable Use Policy
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Service Agreement with High Surf Broadband. If you engage in any of the activities prohibited by this AUP document High Surf Broadband may suspend or terminate your account.
High Surf Broadband, LLC d/b/a High Surf Broadband is committed to being the best possible network citizen. The Acceptable Use Policy, (the "Policy") for HIGH SURF BROADBAND Services, is designed to help protect HIGH SURF BROADBAND, its customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by HIGH SURF BROADBAND. HIGH SURF BROADBAND reserves the right to modify the Policy at any time, effective upon posting at www.highsurfbroadband.com/legal.
When using HIGH SURF BROADBAND Internet access services, VOIP phone services, chat rooms, message boards, newsgroups, software libraries, personal web pages or any other message or communication services that may be available to the Customer on or through HIGH SURF BROADBAND network Services (collectively, the "Services"), the Customer is prohibited from engaging in certain activities which include, but are not limited to, those described in this Acceptable Use Policy.
For the purposes of this Acceptable Use Policy, a "Customer" is an individual or organization that has a Internet service agreement or other contract with HIGH SURF BROADBAND for use of the Services, or otherwise uses the network Services.
If the Customer engages in any of the prohibited activities described below it may, at the sole discretion of HIGH SURF BROADBAND and without notice to the Customer, result in the immediate (1) restriction, suspension or termination of the Customer's use of the Services (including without limitation the Customer's HIGH SURF BROADBAND Internet access), without compensation to the Customer, (2) blocking or filtering of the Customer's content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to the Customer's account, (4) deletion of the Customer's content, data or materials from HIGH SURF BROADBAND servers, or (5) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that the Customer may have with HIGH SURF BROADBAND.
The Customer is responsible for use of the network Services by any third party who directly or indirectly utilizes the Services provided by HIGH SURF BROADBAND to the Customer, whether or not such use has been authorized by the Customer. By accepting service from HIGH SURF BROADBAND, Customer is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Prohibited Uses of HIGH SURF BROADBAND Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. HIGH SURF BROADBAND complies with the Digital Millennium Copyright Act (DMCA) and provides strict enforcement of reported violations.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through HIGH SURF BROADBAND's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on HIGH SURF BROADBAND's servers, is prohibited. HIGH SURF BROADBAND accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by HIGH SURF BROADBAND customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any HIGH SURF BROADBAND-hosted domain, or referencing any HIGH SURF BROADBAND account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Falsifying address information, modifying message headers to conceal the Customer's identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy.
8. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
9. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any HIGH SURF BROADBAND customers or end-users by any means or device.
10. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the HIGH SURF BROADBAND network or on another provider's network.
11. Using HIGH SURF BROADBAND's Services to interfere with the use of the HIGH SURF BROADBAND network by other customers or authorized users.
12. You may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service without HIGH SURF BROADBAND’s prior written consent.
13. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
14. You may not access illegally, or without authorization, computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system (Hacking). This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
15. You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment are not permitted.
Reporting Violations: High Surf Broadband requests that any person who becomes aware of a violation of this AUP report the information to HIGH SURF BROADBAND at kevin@highsurfbroadband.com. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. HIGH SURF BROADBAND may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber's newsgroup posting privileges; suspend the subscriber's account; terminate the subscriber's account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
Notices and Procedure for Making Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to High Surf Broadband's designated agent at the following address:
High Surf Broadband
PO Box 353
Draper, UT 84020
Interpretation: The terms and provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this AUP, is prohibited. We reserve the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill or that affect the quality of our services or our ability to provide services.
Monitoring Use: HIGH SURF BROADBAND has no obligation to monitor anyone's use of the Service or retain the content of any user session. However, HIGH SURF BROADBAND reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in HIGH SURF BROADBAND’s possession, however obtained, about or related to you, your use of the Service or otherwise as HIGH SURF BROADBAND deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.